ML20141K737
| ML20141K737 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1997 |
| From: | Drisko H, Nock J, Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), OPERATIONS RESEARCH TECHNOLOGY, INC., SMALL BUSINESS ADMINISTRATION |
| To: | |
| References | |
| CON-FIN-J-2460, CON-NRC-03-97-022, CON-NRC-3-97-22 NUDOCS 9705290357 | |
| Download: ML20141K737 (41) | |
Text
hCb AWARD / CONTRACT Page 1 of ?
- 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) RATING
- 2. CONTRACT NO. 3. EFFECTIVE DATE 4. REQUISITION / PROJECT NO.
NRC 03-97-022 5/01/97 NRR-97-022 dtd 11/15/96
- 5. ISSUED BY Code: 6. ADMINISTERED BY Code:
tIf other than Item 5)
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Division of Contracts & Property Mgmt. Division of Contracts, T7I2 Contract Management Branch #2 Contract Management Branch #2
' Management, Mail Stop T-7I2 Washington, D.C. 20555 Washington, DC 20555
- 7. NAME AND ADDRESS OF CONTRACTOR l' 8. DELIVERY PRIME: U.S. Small Business Admin. [ ] FOB ORIGIN
.SUB: Operations Research Technology, Inc. [X] OTHER (See below) 4712 Rosedale Avenue, Suite 100 lBethesda, Maryland 20814-3730 9. DISCOUNT FOR PROMPT PAYMENT N/A Principal Investigator / Technical !
Contact:
Mr. James N. Nock {
Tele +cne No: (301) 652-3071 l l
- 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN ITEM: 6
- 11. SHIP TO/ MARK FOR CODE l12. PAYMENT WILL BE MADE BY CODE U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Human Factors Assessment Branch Division of Accounting & Finance, ATTN: Mary Ann Biamonte, MS O-10D24 Section; T9E2 washington, DC 20555 Washington, D.C. 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
[ ] 10 U.S.C. 2304 (c) { ] [X] 41 U.S.C. 2 53 ( c ) [ 5 ] lS USC 63'l (a[
- 14. ACCOUNTING AND APPROPRIATION DATA APPN No. 31X0200.720 B&R No. 720-15-11-20 Job Code: J-2460 BOC: 252A FFS# NRR97022 OBLIGATE: 15A. ITEM 15B. SUPPLIES / 15C. QUANTITY 15D. UNIT 15E. UNIT 15F. AMOUNT NO. SERVICES' PRICE The NRC hereby accepts Operations Research Technology, Inc. /g 1,<
technical proposal dated March 10, 1997, which is hl incorporated herein by reference and made a part of this cost-plus-fixed fee, task ordering type contract.
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15G. TOTAL AMOUNT OF CONTRACT $22,622.00 (Base Year)
EXCEPTION TO STANDARD FORM SF26 (REV.4-8E) Prescribed by GSA F AR ( 4 8 CFR) 53.214(a) j AWARD / CONTRACT Page 2 of 2 Pages t
l 97o5290357 97o520
- 16. TABLE OF CONTENTS X SEC DESCRIPTION TAGE(S)
PART I - THE SCHEDULE. I A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES /CCSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT. ADMINISTRATION DATA ,
H SPECIAL CONTRACT REQUIREMENTS '
PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
- 17. [] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this-document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to
.this contract shall be subject to and governed by the following documents: (a) this award / contract, (b) the solicitation, if iny, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)
- 18. IX] AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the folicwing documents: (a) the Government's solicitation and your offer, and (b) this award / contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER 20A. NAME OF CONTRACTING OFFICER (Type or print)
SEE SIGNATURE PAGE SEE SIGNATURE PAGE 19B. NAME OF CONTRACTOR 20B. UNITED STATES OF AMERICA by by (Signature of person authorized to sign)4 (Signature of Contracting Officer; 19C. DATE SIGNED 20C. DATE SIGNED EXCEPTION TO STANDARD FORM 26 (REV . 4 - 8 5 )
1 Contract No. NRC-03-97-022/
SBA No. 93y3 - cf 7- 7g)/jp(,
1 TRIPARTITE AGREEMENT SIGNATURE PAGE PRIME CONTRACTOR:
1 U.S. Small Business Administration By: DateMAY 2 i i Name: M ',7 Seu C. DRISKO
Title:
- 'imcrMANAGER SUBCONTRACTOR:
Operations,Resfarch Techt alogy Inc.
By: N- Occ - Date: / /7 7 Name: btMS l] l]OC i
Title:
6 (d Ms n l
I PROCURING OFFICE: l U.S. Nuclear Regulatory Commission l By: Y lL x v .:J Date: dll '7f9 '/
/
Name: EloisJ.dicaind*'l l
Title:
Contractina Office, i
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I TABLE OF CONTENTS PAGE l AWARD / CONTRACT l PART I - THE SCHEDULE . . . . . . . . . . . . . . . . . . 3 i
SECTION B -. SUPPLIES OR SERVICES AND PRICES / COSTS . . . . 3 I B.1 PROJECT TITLE . . . . . . . . . . . . . . 3 !
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) . . . . . . 3 i l
ALTERNATE 1 (JUN 1988)
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989) . 3 j SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT . . 5 C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . 5 C.2 OBJECTIVE . . . . . . . . . . . . . . . . . 6 C.3 PERSONNEL REQUIREMENTS . . . . . . . . . 6 C.4 WORK REQUIREMENTS . . . . . . . . . . . 7 l C.5 SPECIFIC TASKS . . . . . . . . . . . . . 7 J C.6 MEETINGS AND TRAVEL . . . . . 7 C.7 NRC-FURNISHED MATERIALS . . . . . . 8 C.8 OTHER APPLICABLE INFORMATION . . . . . . . . 8 C.9 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993) . 8
, )
SECTION D - PACKAGING AND MARKING . . . . . . . . . . . . . 9 D.1 PACKAGING AND MARKING (MAR 1987) . . . . . . . . . . 9 SECTION E - INSPECTION AND ACCEPTANCE . . . . . . . . . 10 E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 10 E.2 PLACE OF INSPECTION AND' ACCEPTANCE (MAR 1987) . 10 SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . 11 F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 11 F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL . . . . . . 11 REPORTS'(JAN 1993)
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT . . . 11 F.4 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995) . 12 F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) . 14 F.6 DURATION OF CONTRACT PERIOD (WUI 1987 ) . 14 ALTERNATE 4 (JUN 1988)
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL . 14 VIEWS (DPVs)
.SECTION G - CONTRACT ADMINISTRATION DATA .
16 G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY . . 16 (JAN 1993)
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT 18
- ALTERNATE 1 (JAN 1993)
G.3 NRCAR 2052.216-73 INDIRECT COST RATES - 19 G.4 NRCAR 2052.216-74 TASK ORDER PROCEDURES (JAN 1993) 19 G.5 NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (JA 21 G.6 USE OF AUTOMATED CLEARING HOUSE (ACH) . 21 ELECTRONIC PAYMENT i
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i TABLE OF CONTENTS PAGE i
SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . 23 H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL . . . . . 23 1
' CONFLICTS OF INTEREST (JAN 1993) l
- H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) . . . 27 I H.3 NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE . . . 28 .
PROTECTION (JAN 1993) I 2 H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED 28 i (JUN 1988)
- PART II - CONTRACT. CLAUSES . . . . . . . . . . 29 :
SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . 29 I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 29 l I.2 52.215-42 REQUIREMENTS FOR COST OR PRICING DATA OR , . 30
, INFORMATION OTHER THAN COST CR PRICING DATA--MODIFICATIONS j (JAN 1997) ALTERNATE I (OCT 1995)
- 1.3 52.216-18 ORDERING (OCT 1995) . . . . . . 32
- I.4 52.216-19 ORDER LIMITATIONS (OCT 1995) . . . 33 1.5 52.216-21 REQUIREMENTS (OCT 1995) . . . . . . . 33 I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE . 34 CONTRACT (MAR 1989)
- I.7 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS . . . . . 35 (FEB 1990) 1 I.8 52.219-17 SECTION 8(A) AWARD (DEC 1996) . . . . . . 36 ,
i PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 38 SECTION J - LIST 0F ATTACHMENTS . . . . . . . . . . 38 a
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NRC-03-97-022 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS B.1 PROJECT TITLE The title of this project is as follows:
Technical Assistance in Support of the Human Factors Information Systems (HFIS)
(End of Clause]
B.2 BRIEF DESCRIPTION OF WORK (MAR 1987) .
ALTERNATE 1 (JUN 1988)
(a) Brief description of work:
The Contractor shall provide technical expertise to assist the Office of Nuclear Reactor Regulatien's (NRR), Human Factors Assessment Branch (HHFB) in accomplishing its licensing mission on a task ordering basis. The technica) assistance support will cover two main areas: consideration of human factors in Licensee Evaluation Reports (LERs),
which document supportable events at nuclear facilities and maintenance of the HFIS computer databases.
(b) Orders will be issued for work required by the NRC in accordance with 52.216 Ordering. Only contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this contract shall govern all orders issued hereunder.
[End of Clause]
B.3 CONSIDERATION AND OBLIGATION--TASK ORDERS (AUG 1989)
(a) The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under the base year of the contract is S22,622.00. The Contracting Officer may unilaterally increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
- o) The total estimated amount (ceiling) for the products / services ordered, delivered, and accepted ur. der Option Year 1 is 323,283.00. The Contracting Officer may unilaterally increase this amount as necessary for orders to be olaced with the 1
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NRC-03-97-022 Section B I
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l B.3 (Continued) contractor during.the contract period provided such orders are l within the maximum orderina limitation prescribed unoer this contract.
(c) The t9tal estimated amount (ceiling) for the products / services j ordered, delivered, and accepted under Option Year 2 is
$23,964.00. The Contracting Officer may unilaterally increase
, this amount as necessry for orders to be placed with the contractor during the contract period provided such orders are within the maximum ordering limitation prescribed under this contract. l l
(d) The Contracting Officer will obligate funds on each task order 1 i
issued.
- (e) A total estimated cost as well as any fee, if any, will be negotiated for each task order and will be-incorporated as a i ceiling in the resultant task order. The Contractor shall j
. coioply wiLh the provisions of 52.232 Limitation of Cost- l 4
for fully funded task orders'and 52.232 Limitation of Funds for incrementally funde' task orders, issued hereunder.
[End of Clause]
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- ._ - = . . _ . _-.
NRC-03-97-022 Sec' tion C l
SECTION C - DESCRIPTION / SPECIFICATIONS / WORK STATEMENT C '.1 BACKGROUND The Office of Nuclear Reactor Regulation (NRR) has responsibility d; for the licensing and regulatory oversight of nuclear power l reactors in the civilian sector. NRR identifies and takes actico regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safe -
guarding of nuclear reactor facilities, and assesses and recommends or takes action regarding incidents or accidents The Human factors Assessment Branch (HHFB), Division of Reactor i Controls and Human Factors, evaluates the effectiveness of I licensee performance by integrating inputs from several I programs and activities. One of the primary tools used by l
HHFB is the Human Factors Information System (HFIS). HFIS is an automated management information system that contains databases or modules on Licensee Ever. Reports (LERs),
Training, EOPs, and the Human Performance Investigation Process.
l HFIS is in transition. The version of HFIS in use currently is a DOS-based program that uses Clipper for programming. The HFIS is being redesigned to a Windows-based relational database. The new system will have inherent cheracteristics of client-server -
computing such as, but not limited to, the following:
o The client and server functione shall be implemented on a single computer or can be segmented over several systems.
o Distributed clients are connected to servers via local area networks (LANs) and/or wide area networks ('WANs) o A server shall handle multiple clients concurrently.
o The entire enterprise network shall be perceived by each individual user as a single system.
o Networking hardware and software shall provide the interconnectivity to make the assessing of resources
- appear transparent without showing the complexity of different data formats and protocols.
t l o Integrated text search and retrieval capabilities.
The new HFIS will be based on the client-server infrastructure that includes, but is not limited to the fellowing:
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NRC-03-97-022 Section C C.1 (Continued) i Client-Server Hardware / Software Platform o Workstation: 486/20MHz or better workstation with a minimum of 16 MB of RAM and 200 MB hard disk.
o Server: IBP. RS/6000 models 370/62MHz and 570/50MHz with 32MB/1GB system memory and 400MB/7'.2 GB fixed disk storage scaleable to 36.2GB/58.6GB with external disk expansion unit.
o RDBMS: Sybase SQL Server RDBMS.
o Document Management Software: PC Docs Open o Graphical User Interface: Windows 3.1 o Software Engineering: Powerbuilder and Micro Focus COBOL.
o DSS /EIS: Microsoft Access o CASE: Sterling Software's KEY for Enterprise (ADW/ KEY) planning, analysis, design, and construction models.
o Data Communications: Novel Netware supporting-multiple concurrent, protocols, (TCP/IP, IPX/SPX), ,
and Sybase (DLL, Netlib) using AIX.
The redesign and implementation of the system is expected to be completed by September 1997.
C.2 OBJECTIVE The objective of this cc:.r.ract is to obtain technical expertise to assist NRR's Human Factors Branch (.HFB), H Division of Reactor Controls and Human Factors, in accomplishing its licensing mission on a task ordering basis in the following two areas: (1) coding approximately'1500 LERs and entering the coded data into the HFIS database until the new system is available, and then into the new system once it is implemented (2) maintaining the HFIS software once it is functional.
C.3 PERSONNEL REQUIREMENTS The Contractor shall provide a responsible Project Manager and i support personnel as may be required for performance of each task order.
The scope of work involves the application of the following types Page 6 of 38
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NRC-03-97-022 Section C C.3 (Continued) ,
of disciplines: Human Factors and Computer' Science. Specialized technical areas involved include. software development, implemen-tation and training; human performance, and nuclear power plant i operations.
The contractor's Project Manager shall have the following responsibilities: (1) oversight for all task orders placed under 4
the res'ultant contract, (2) ensuring quality of deliverables so "
that all information and data is accurate and complete, and 1 (3) performing other project management duties necessary for successful completion of task orders and overall contract requirements.
C.4 WORK REQUIREMENTS The work under the contract is estimated to be issued through a minimum of one task order per contract year. It is possible that other task orders may bc put in place simultaneously fcr maintaing and improving the working version of HFIS once it is implemented. The completion schedule will be determined for each task order when the task order is issued.
C.5 SPECIFIC TASKS
- a. REVIEW AND CODE LERS Provide technical assistance in reviewing and coding approximately 1500 Licensee Event Reports .(LERs) per year.
using the HFIS LER Coding Instructions, and entering the human performance information extracted from the coded LERs into the HFIS database,
- b. MAINTAIN AND IMPROVE TI:E HFIS WINDOWS-BASED SOFTWARE Provide technical suppport to the Human Factors Assessment I Branch in maintaining and improving the HFIS, Windows-based database once it is implemented. The HFIS contains databases or modules for LERs, Training, EOPs, and the Human Performance Investigation Process. The scope of this effort is unknown until the redesign and implementation of the Windows-based HFIS in September 1997, C.6 MEETINGS AND TRAVEL Each task order will specify any required meetings and travel, the number of trips the contractor is expected tc take, where the contractor is expected to go, how long the contractor is expected to stay (number of days in travel status?, and S many people are expected to travel. Any foreign travel reau;rements wG 1 t+
similarly described.
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i NRC-03-97-022 Section C C.7 NRC-FURNISHED MATERIALS Any required documents or information to be provided by the NRC for performance of work will be identified in each task oroer.
C.8 OTHER APPLICABLE INFORMATION Each task order will state whether or not the work is licensee fee recoverable, j
[End of Clause]
C.9 NRCAR 2052.215-83 TRAVEL APPROVALS (JAN 1993)
(a) All domestic travel requires the prior approval of the project officer.
(b) A 1.' foreign travel must be approved in advance by the NRC on l NRC Form 445 and must be in compliance with FAR 52.247-63 l Preference for U.S. Flag Air Carriers. Foreign travel i approval must be communicated in wricing through the contracting officer.
[End of Clause]
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l NRC-03-97-022 Section D SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall l comply with the Interstate Commerce Commission Regulations, l
Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the contractor shall clearly identify the l contract number under which the ' product is being provided.
[End of Clause]
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NFC-03-97-022 Section E .
i SECTION E - INSPECTION AND ACCEPTANCE E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This. contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Cor tracting Of ficer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (4 8 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES APR 1984
- COST-REIMBURSEMENT
[End of Clause]
E.? PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)
Inspection and acceptance of the deliverab.e items to ha furnished hereunder shall be made by the Project Officer at the destination.
fLnd of Clause]
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} NRC-03-97-022 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 4 This contract incorporates one or more clauses by reference,<
with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text' available. )
I I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES i NUMBER TITLE DATE l 52.242-15 STOP-WORK ORDER AUG 3989 I
Alternate I (APR 1984) 1
[End of Clause]
d F.2 NRCAR 2052.212-70 PREPARATION OF TECHNICAL i REPORTS (JAN 1993) 4 All technical reports required by Section C and all Technical Progress Reports required by Section F are to be prepared in accordance with the attached Management Directive 3.8,
" Unclassified Contractor and Grantee Publications in the NUREG Series." Management Directive 3.6 is not applicable to any Contractor Spending Plan (CSP) and any Financial Status Report j that may be included in this contract. (See Section J for List of Attachments).
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[End of Clause]
F.3 NRCAR 2052.212-71 TECHNICAL PROGRESS REPORT a
The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer. The report is due within 15 calendar days after the end of the report period and must identify the title of the project, the contract number, job code number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report must include the following for each discrete task / task order:
(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided; (b) Any problems or delays encountered or anticipated and recommendations for resolution. It the recommended resc_uticr involves a contract modification, e.g., change in work Page 11 of 38
NRC-03-97-022 Section F F.3 (Continued) requirements, level of effort (cost) or schedule delay, the contractor shall submit.a separate letter to the contracting 2 officer identifying the required change and estimated cost impact.
(c) A summary of progress to date; and (d) Plans for the next reporting period.
[End of Clause) i F.4 2052.212-72 FINANCIAL STATUS REPORT (DEC 1995)
The contractor shall provide a monthly Financial Status Report to the project officer and the contracting officer. Also, whenever the report reterence the acquisition of, or changes in
, status of, property valued at the time of purchase at $50,000 or more, send a copy of the report to the Chief, Property Management Branch, Division of Facilities ar.d Property Management , Office of
, Administration. The report is duc within 15 calandar days after 4
tre end of the report period and ,all identify the title of the project, the contract number, jeb code, project manager and/or principal investigator, the contract period or performance, and the period covered by the report. Each report must include tne following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(h) Contractor Spending Plan (CSP) status:
(1) Frojected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.
(2) Indicate if there has been a significant change in the original CSF projection in either dollars or ;5ercentace of completion. Identify the change, the reasons for Ehe Page 12 of 38
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NRC-03-97-022 Section F
. F.4 (Continued) change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the original NRC-approved CSP projections, a written statement to that effect is sufficient in lieu of submitting a detailed response to item h.
l (3) A revised CSP is required with the Financial Status Report whenever the contractor or the contracting officer his reason to believe that-the total cost for performance of this contract will be either greater or substantially ,
less tucr what had been previously estimated, i i
(i) Property status: l 1
(1) List property acquired for the project during the moath l with an acquisition cost of $500 or more and less thaa j
$50,000. Give the item number for the specific piece cf i equipment. I (2) List property acquired for the project during the month )
with an acquisition cost of $50,000 or more. Provide the ;
following informe; ion for each item of property: item ,
description or nomenclature, manufacturer, model number, I serial number, acquisition cost, and receipt date. If no i property was acquired during the month, include a statement to that effect. Note: The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit." . 1 (3) For multi-year projects, in the September monthly fiancial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more
($5,000 or more if purchased prior to October 1, 1995) showing the above information.
(4) In the final monthly status report provide a closecut property report containing the same elements as described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a statement to that effect. The report should note any property requiring special handling for security, health, safety, or other reasons as part of the report.
(j) Travel status:
List the starting and end dates for each trip, the starting point and destination, and the traveler:s) for each trip.
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NPC-03-97-022 Section F j 1
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If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-
- 20) or the Limitation of Funds (LOF) Clause (FAR 52.232-22) l
[End of Clause] !
F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)
The items to be furnished hereunder shall be delivered, with all j charges paid by the Contractor, to: J l
(a) Project Officer (three (3) copies) l 1
Mary Ann Biamonte office of Nuclear Reactor Pagulation Division of Reactor Controls and Human Factors Human Factors Assessment Branch Mail Stop OWFN-10D24 Washington, DC 20555 (b) Contracting Officer (1 copy)
(End of Clause)
F.6 DURATION OF CONTRACT PERIOD (MAR 1987)
ALTERNATE 4 (JUN 1988)
The ordering period for this contract shall commence on 5/01/97 and will expire on 04/30/98. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering.) The term of this contract may be extended at the option of the Government for an additional 2 years.
[End of Clause]
F.7 RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS (DPVs)
The Nuclear Regulation Commission's (NRCi policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that (1) may differ from a prevailing NRC staff view, (2) disagree with an NRC decision or policy position, or (3) take issue with proposed or established agency practices. An occasion may arisa when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious exprecslon of a comperent judgement is required to document such concerns on matters Page 14 of 38
NRC-03-97-022 Section F i
F.7 (Continued) directly associated with its performance of the contract. The procedure that will be used prov- des for the expression and l resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by.NRC contractors, contractor personnel or subcontractor j personnel on matters directly associated with its performance of I the contract, may be found in Section J cf the solicitation. The l contractor shall provide a copy of the NRC DPV procedure to all of I its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE: The prime contractor or subcontractor shall submit all DPV's received by need not endorse them.
[End of Clausel l
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NRC-03-97-022 Section G l
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SECTION G - CONTRACT ADMINISTRATION DATA l i
G.1 NRCAR 2052.215-71 PROJECT OFFICER AUTHORITY l 3 (JAN 1993)
(a) The. contracting officer's authorized representative hereinafter referred to as the project officer for this
- contract is
i j Name: Mary Ann Biamonte Address: U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Reactor Controls & Human Factors Hu:aan Factors Assessment Branch ,
Mail Stop OWFN-10D24 l Washington, DC 20555 ;
l Telephone Number: (301) 415-1973 (b) Performance of the work undcr this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis bemween areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work.
(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work descriptien.
(3) Review and, where required by the contract. approval of technical drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within tne general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in *.he "Chany c" clau. -
of this contract.
f3) In any way causes an 2ncrease er decrease :n the total Page 16 of 38
n.-- .- . . . - . . -
NRC-03-97-022 Section G i G.1 (Continued) !
l estimated contract cost, the fixed fee, if any, or tha '
time required for contract performance. i l
- (4) Changes any of the expressed terms, conditions, or J i specifications of the contract. l l
5 l (5) Terminates the contract. settles any claim or dispute arising under the contract, or issues any unilateral I directive whatever.
(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A l copy of the written direction must be furnished to the contracting officer.
(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause. 1 1
(f) If, in the opinion of the contractor, any instruction or l direction issued by the project. officer is within one of the i categories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting-officer in writing within five (5) working days after the receipt of any instruction or direction and shall request the contracting officer to modify the contract accordingly ~
Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the
. contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the " Changes" clause.
1 (g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract. j (h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect there to is subject to FAR 52.233 Disputes.
(i) In addition to providing technical direction as defined in '
paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and r ecenmeri to the contracting officer changes in requirements.
f Page 17 of 38
h NPC-03-97-022 Section G G.1 (Continued) J l
(2) Assist the contractor in the resolution of technical l 1
problems encountered duriag performance.
(3) Review all costs requested for reimbursement by the ,
contractor and submit to the contracting officer I
+ recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract. l (End of Clauce]
G.2 NRCAR 2052.215-82 TRAVEL REIMBURSEMENT
- ALTERNATE 1 (JAN 1993)
(a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel prcperties in order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel propav*ia" which offer their services and rates to Government contractor personnel traveling on official business under this contract.
The FTD, which is issued monthly, may be purchased from the U.S. Government Printing Office, Washington., DC 20402.
(b) The contractor will be reimbursed for reasonable travel costs incurred directly and specifically in the performance of this contract. The cost limitations for travel costs are determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in effect on the date of the trip. Travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and ' Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(c) When the Government changes the Federal Travel Regulations, or other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor wil] be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.
Page 18 of 38
WRC-03-97-022 Section G G.2 (Continued)
(End f Clause) J l
G.3 NRCAR 2052.216-73 INDIRECT COST RATES - j ALTERNATE 2 (JAN 1993) 1 For this contract, the amount reimbursable for indirect l (a)~ costs is as follows: -
I 1
Category Rate Base Applicable Period l overhead (OH) Total Direct Labor Effective thru Contract Expiration l Fringe Benefit Total labor + OH G&A Total Direct Cost 4
~
(b) In the event that indirect rates developed by the cognizant audit activity on the basis of actual cl.lowable costs are less j than the ceiling rates, the rates established by the cognizant audits must apply. The Government may not be obligated tc pay 1 any additional amounts for indirect costs above the ceiling rates set forth above for the applicable period.
[End of Clause) 4 G.4 NRCAR 2052.216-74 TASK ORDER PROCEDURES (JAN 1993) .
(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORP) which includes the following, as appropriate:
(1) Scope of work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance - place of performance; (4) Applicable special provisions; (5) Technical skills required; and (6) Estimated level of effort.
ib; Tae orde arcpcsa} Ev -"e date specifiec i: the TORP, the ccatracto. shal. delive: tc -h: cor.tracting officer a wl.tten proposal that provides the followir.o technical and cost Page 19 of 38
.. . - . . = . -~ _ - _ . . . -
NRC-03-97-022 Section G G.4 (Continued) information, as appropriate (1) Technical proposal content;
, (i) A discussion of the scope of work requirements to substantiate the contractor's understanding of the requirements of the task order and the contractor's proposed method of approach to meet the objective of the order.
, (ii) Resumes for professional personnel proposed to be utilized in the performance of any resulting task order. Include educational background, specific pertinent work experience, and a list of any pertinent publications authored by the individual.
(iii) Identification of administrative support personnel and/or facilities that are needed to assist the professional personnel in completing work on the task order.
(iv) Identification of " Key Personnel" and the number of staff hours that will be committed to completion of work on the task order.
1 I
(2) Cost proposal. The contractor's cost proposal for each j task order ~.ust be prepared using Standard Form 1411, Contract Pricing Proposal cover sheet. A copy of the i form and instructions are attached to this contract. Each '
task order cost proposal must be fully supported by cost and pricing data adequate to establish the reasonableness i of the proposed amounts. When the contractor's estimated )
cost for the proposed task order exceeds $100,000 and the l period of performance exceeds six months, the contractor 1 may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORP indicates if a CSP is required.
(c) Task order award. The contractor shall perform all work described in definitized task orders issued by the contractir.g officer. Definitized task orders include the following:
(1) St a t enient of' work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance; l
l 2 Page 20 of 38 I
l f
r 1 l
t l
i
NRC-03-97-022 Section G G.4 (Continued) j (4) Key personnel; (5) Applicable special provisions; and 1
(6) Total task order amount including any fixed fee.
[End of Clause] l l
G.5 NRCAR 2052.216-75 ACCELERATED TASK ORDER PROCEDURES (JAN 1993) l l
(a) The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with l performance of the task order subject to the monetary j limitation established for the task order by the contracting j cfficer. ;
(b) When this accelerated procedure is employed by the PRC, the contractor agrees to begin prompt'y negotiating with the
~
i contracting officer the terms of the definitive task order ana agrees to submit a cost proposal with supporting cost or i pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer 1 may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting afficer and the terms and conditions of the basic contract.
(End of Clause)
G.6 USE OF AUTOMATED CLEARING HOUSE (ACH)
ELECTRONIC PAYMENT It is the policy of the U.S. Nuclear Regulatory Ccmmission to pay Government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.
Treasury check. The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-28, entitled ,
" Electronic Funds Transfer Payment Methods."
To receive payment by Vendor Express, the contractor shall complete the " Company Information" portion of Forn SF 38E1, entitled " Payment Information Form - ISCH Vendor Payment System' found in Section J. The contractor shall take the f ern t o - r " At:
Coordinator at the financial institution that maintains its Page 21 of 38
._ _ _ _ . _ . _ . . _ . _ . _ . _ _ .. _ __ .. _ . _ _. _ . __.= _ ... ..__ _ _ . ___
NPC-03-97-022 Section G
} G.6 (Continued) company's bank account. The contractor shall discuss with the ACH Coordinator how the payment identification information (addendum i record) will be passed to them once the payment is received by the l financial 'nstitution.
i The contr?.ctor must ensure that the i i addendum record will not be stripped from the payment. The ACH Coordinator will fill out the " Financial Institution Information" j portion of the form and return it to the Office of the Controller at the following address: Nuclear Regulatory Commission, ATTN: )
i ACH/ Vendor Express, Division of Accounting and Finance, Mailstop J
! T-9-E-2, Washington, DC 20555. Once the Office of the Controller j has processed the contractor's sign-up form, the contractor will begin to receive payments electronically via Vendor Express /ACH.
j If the offerors / bidders have questions concerning ACH/ Vendor i Express, they may call the Commercial Payments staff on (301) l 415-7520. l l
l [End of Clause) 1 I
]
i 1
Page 22 of 38
a NRC-03-97-022 Section H l
i SECTION H - SPECIAL CONTRACT REQUIREMENTS j 1
1 H.1 NRCAR 2052.209-73 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993) l (a) Purpose. The primary purpose of this clause is to aid in , )
ensuring that the contractor: i l
(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
I i
(b) Scone. The restrictions described apply *o performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.
i
'c) Work for others.
(1) Notwithstanding any other provision of this contract, during the term of this contract the contractor agrees to forego entering into consulting or other contractual artangements with any firm or organization, the result of shich may give rise to a conflict of interest with respect to the work being performed under this contract.
The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe with respect to itself or any employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.
(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the service; within the scope of this contract (or task order as appropriate), except wnere the NRC 1;censee or applicar.:
requires the contractor's support to explain cr defend the contractor's pr:c: ,1crk f or t he util;ty ,1 othe:
entity which NRC questions.
Page 23 of 38
NRC-03-97-022 Section H H.1 (Continued)
(3) When the contractor nerforms work for the NRC under this contract at any NRC 11censee or applicant site, the contractor shall neither solicit nor perform work in the game or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract).
(4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the. task order or the contract, as appropriate.
(ii) The contractor may not perf or.n work at that site for that licensee applicant during the period of performance of tha task order or the contract, as appropriate, and for one year thereafter.
(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perftrm this type of work (except work in the same or similar technical area) if the contracting -
officer determines that the situation will not pose a potential for technical bias or unfair competitive. advantage.
(d) Disclosure after award.
(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.
(2) The contractor agrees that, if after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the government.
(3) It is reccgnized that the scope of work of a task-order-type contract necessarily er. compasses a croad Page 24 of 38
. ..- ~~ .- _ .. ._. . . . . . . _ _ . ..- .- -- . - . . -
NRC-03-97-022 Section H ;
i E.1 (Continued)
I spectrum of activities. Consequently, if this is a l task-order-type contract, the contractor agrees that it i will disclose all proposed new work involving NRC 'l licensees or applicants which comes within the scope of i work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover i and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated ,
entity and must be received by the NRC at least 15 days '
before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the l contractor and approved by the contracting officer. The l disclosure must include the statement of work, the dollar value of the proposed contract, and any other document's that are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which ircludes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c) (2) , (c) (3) or (c)(4) of this section.
(e) Access to and use of information.
(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C.
l Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees not to:
l (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either i the completion of this contract or the release of the information to the public, whichever is first; i (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written
, approval by the contracting officer unless the information has previously been released to the Fage 25 of 38 l
l l
NRC-03-97-022' Section H H.1 (Continued) public by the NRC.
(2) In addition, the contractor agrees that, to the extent it
- receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C.. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. l
, Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information. ]
(3) Subject to patent.and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this i contract have been met. f (f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.
(g) Remedies. For breach of any of the above restrictions, or 1 for intentional nondisclosure or misrepresentation of any l relevant interest required to be disclosed concerning this l I
contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.
l
-(h) Waiver. A request for waiver under this clause must be I directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.
(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.
Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products er services.
(1) If the cont ract or, a . der this centract, prepares complete or essentially complete statement of wor <. ar Page 26 of 38
NRC-03-97-022 Section H H.1 (Continued) specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.,
(2) Nothing in this paragraph precludes the contractor trdm offering or selling its standard commercial items to the Government.
[End of Clause)
H.2 NRCAR 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance cf the work hereunder:
James N. Nock, Project Manager The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.
(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitut_on. The
- contracting officer or his/her authorizea representative shal_
i evaluate the request and promptly notify _ne centractor of h;s or her approval or disapproval in writing.
(d) If the contracting officer determines that suatab}e and timeiv Page 27 of 36 l
NRC-03-97-022 Section H H.2 (Continued) replacement of key personnel who have been reassigned, terminated, or have otherwise becomc unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by.the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
[End of Clause)
H.3 NRCAR 2052.235-72 SAFETY, HEALTH, AND FIRE PROTECTION (JAN 1993)
The cO6ttautor shall take all reasonable precautions in the performance of the work unoer thi contract to protect the health ard safety of its employees and o~ members of the public, including NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations a i requirements (including reporting requirements) of the Commission and the Department of Labor. In the event that the contractor fails to comply with these regulations or requirements, the contracting officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of the contracting officer. The contractor shall make no claim for an extension of time or for compensation or damages by reason of, or in connection with, this type of work stoppage.
[End of Clause]
H.4 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (JUN 1988)
The Government will not provide any equipment / property under this contract.
{End of Clause]
l Page 28 of 38 i
NRC-03-97-022 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES .
I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) l This' contract incorporates one or more clauses by reference, I with the same force and effect as if they were given in full text. !
Upon request, the Contracting Officer will make their full text l
available. l l
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES !
NUMBER TITLE DATE 52.203-6 RESTRICTIONS ON SUBCONTRACTOR JUL 1995 SALES TO THE GOVERNMENT l 52.209-6 PROTECTING THE GOVERNMENT'S JUL 1995 INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SMSPENDED, OR PROPOSED FOR DEBARMENT 52.215-23 PRICE REDUCTION FOR DEFECTIVE OCT 1995 l COST OR PRICING DATA
- MODIFICATIONS 52.215-25 SUBCONTRACTOR COST OR PRICING OCT 1995 DATA--MODIFICATIONS 1 52,215-27 TERMINATION OF DEFINED BENEFIT MAR 1996 -
PENSION PLANS 52.215-33 ORDER OF PRECEDENCE JAN 1986 i 52.215-39 REVERSION OR ADJUSTMENT OF PLANS MAR 1996 FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-40 NOTIFICATION OF OWNERSHIP CHANGES FEB 1995 52.216-7 ALLOWABLE COST AND PAYMENT FEB 1997 52.216-8 FIXED FEE FEB 1997 52.217-2 CANCELLATION UNDER MULTIYEAR JUL 1996 '
CONTRACTS 52.219-8 UTILIZATION OF SMALL, SMALL OCT 1995 DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.222-1 NOTICE TO THE GOVERNMENT FEB 1997 OF LABOR DISPUTES .
52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL APR 1984 DISABLED AND VIETNAM ERA VETERANS 52.222-36 AFFIRMATIVE ACTION FOR APR 1984 HANDICAPPED WORKERS Page 29 of 38
NRC-03-97-022 Section I I.1 (Continued)
NUMBER TITLE DATE 52.222-37 EMPLOYMENT REPORTS ON SPECIAL JAN 1988 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 52.225-11 RESTRICTIONS ON CERTAIN OCT 1996 i FOREIGN PURCHASES l 52.227-17 RIGHTS IN DATA - SPECIAL WORKS JUN 1987 l 52.228-7 INSURANCE - LIABILITY TO THIRD MAR 1996 l PERSONS 52.232-20 LIMITATION OF COST APR 1984 l
52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-25 PROMPT PAYMENT MAR 1994 52.232-33 MANDATORY INFORMATION FOR AUG 1996 ELECTRONIC FUNDS TRANSFER PAYMENT l 52.233-1 DISPUTES OCT 1995 Alternate I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 Alternate I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.243-2 CHANGES - COST-REIMBURSFMENT AUG 1: 0" )
Alternate I (APR 1984:
52.244-2 SUBCONTRACTS (COST-REIMBURSEMENT FEB 1997 AND LETTER CONTRACTS) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.249-4 TERMINATION FOR CONVENIENCE APR 1984 OF THE GOVERNMENT (SERVICES) (SHORT FORM) 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.25-3-1 COMPUTER GENERATED FORMS JAN 1991 (End of Clause]
I.2 52.215-42 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRTOING DATA--MODIFICATIONS (JAN 1997) ALTERNATE I (OCT 1995)
(a) Excentions from cost or pricina data. (1) In lieu of submitting cost or pricing data for modifications under this
! contract, for price adjustments expected to exceed the threshold set forth at FAR 15. 8 04 -2 (a) (1) on the date of the
- agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Office
- may re qui r-additional supporting information, but only to -he extert necessary to determane whether an exception shcad ce gre :t et and whether the price is fair and ' reasonable.
Page 30 of 38
1 NRC-03-97-022 Section I
-I.2 (Continued) 1 (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.,
(ii) Information on modifications of contracts or '
subcontracts for~ commercial items. l 1'
(A) If (1) the original contract or subcontract was l 4 -
granted an exception from cost or pricing data {
requirements because the price agreed upon was '
based on adequate price competition, or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item, and (2) the modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide j
- information to establish that the modification I would not change the contract or subcontract from a I contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
d (B) For a commercial item exception, the Contractor !
shall provide, at a minimum, information on prices at which the same item or similar items have 4
previously been sold that is adequate for evaluating the reasonableness of the price of the modification Such information tcay include:
i (1) For catalog items, a copy of or identificatf.on of the catalog and its '
date, or the appropriate pages for the I offered items, or a statement that the catalog is on file in the buying office to l which the proposal is being submitted, l Provide a copy or describe current discount policies and price lists .
(published or unpublished), e.g., I wholesale, original equipment i manufacturer, or reseller. Also explain the basis of each of fered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantitles, r
Page 31 of 38 A
5
NRC-03-97-022 Section I Z.2 (Continued)
(2) For markst-priccd items, the soulce and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been
. granted for the schedule item.
(2) The Contractor grants the contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of pilue. Access does not extend to cost or profit information or other dat?. relevant solely to the Contractor's determinati- of the prices to be offered in the catalog or marketplace.
(b) Recuirements for cost or pricino data. If the Centractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:
(1) The Contractor shall submit cost or pricing data on -
)
Standard Form (SF) 1411, Contract ~ Pricing Proposal Cover !
Sheet (Cost or Pricing Data Required),'with supporting attachments prepared.in the following format:
(2) As soon as practical after agreement on price, but before award (except for unpriced actions), the l Contractor shall submit a certificate of current Cost or Pricing Data, as prescribed by FAR 15.804-4.
I.3 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
Such orders may be issued from May 1, 1997 through April'30, 1998.
(b) All delivery orders or task orders are subject to the terms '
-and conditions of this contract. In the event of conflict between a delivery order or task order and this centract, the contract shall control.
Page 32 of 38
NRC-03-97-022 Section I I.3 (Continued)
(c) If mailed, a delivery order or task order is considered
" issued" when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. .
[End of Clause]
I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than
$0.00, the Government is not obligated to purchase, nor is the j Contractor obligated to furnish, those supplies or services l under the contract. l l
(b) Maximum order. The contractor is not obligated to honor--
(1) Any order for a single item in excess of $69,000.00; (2) Any order for a combination of items in excess of
$69,000.00; or (3) A series of orders from the same ordering office within ten (10) days days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e.,-includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c)'above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
[End of Clause)
I.5 52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in Page 33 of 38
NRC-03-97-022 Section I I.5 (Continued) i the Schedule are estimates only and are not purchased by this 1 contract. Except as this contract may otherwise provide, if l the Government's requirements do not result in orders in the 4 quantities described as " estimated" or " maximum" in the
?
Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders 4
requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedu]e.
(d) The Govern' ment is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. ;
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year from the expiration date of the contract.
[End of Clause)
I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided, that the Page 34 of 38
l NRC-03-97-022 Section I I.6 -(Continued) l Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the l contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract
- shall be considered to include this option provision.
l
- (c) The total duration of this contract, including the exercise of l any options under this clause, shall not exceed three (3) years.
l [End of Clause]
l I.7 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS l (FEB 1990)
^
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not award a subcontract for all or ,
a part of the work hereunder, this contract may be terminated !
either in whole or in part without cost to either party. j (c) Except for novation agreements and advance payments, delegates j to the U.S. Nuclear Regulatory Commission the responsibility !
for administering the subcontract to be awarded hereunder with j complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the U.S. Nuclear Regulatory Commission shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under i the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission. I (e) That the subcontractor awarded a subcontract hereunder shall l have the right of appeal from decisions of the Contracting l Of ficer cognizable under the " Disputes" clause of said l
subcontract.
! Page 35 of 38 I
1 1
1 l
NRC-03-97-022 Section I I.7 (Continued) l (f) To notify the U.S. Nuclear Regulatory Commission Contracting Ofticer immediately upon notification by the subcontractor that the owner or owners upon whom 8 (a) eligibility was based i l
plan to relinquish ownership or control of the concern.
[End of Clause)
I.8 52.219-17 SECTION 8(A) AWARD (DEC 1996) ;
(a) By execurion of a contract, the Small Business Administration (SBA) agrees to the following: l (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms l and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the ,
provisions of section 8 (a) of the Small Business Act, as l amended (15 U.S.C. 637 (a)) . l (2) Except for novation agre ents and advance paymente, delegates to the U.S. Nuclear Pegulatory Commission the I responsibility for adminictering the contract with j complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency i L 4 1 give udvance notice to the SBA before it issues a l final notice terminating the right of the subcontractor l to proceed with further performance, either in whole or in part, under the contract. )
(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.
(4) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8 (a) eligibility was based plan to relinquish ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the " Disputes" clause of the subcontract.
l Page 36 of 38
NRC-03-97-022 Section I I.8 (Continued)
(b) The offeror / subcontractor agrees and acknowledges that it will,.for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.
(c) The offeror / subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to 'any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the U.S. Nuclear Regulatory Commission.
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i Page 37 of 38
NRC-03-97-022 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS 01 Billing Instructions 02 Management Directive 3.8 03 Payment Information Form SF 3381 - ACH Payment System 04 Procedures for Resolving NRC Contractor Differeing Professional Views Page 3' of 36